Bill Pavelic Speaking Out, William Bill Pavelic Exposing Racism and Racist Cops

The Associated Press

 

July 1, 1987, Wednesday, PM cycle

 

 

SECTION: Domestic News

 

LENGTH: 629 words

 

DATELINE: LOS ANGELES

 

An AIDS victim accused of attempted murder after selling his blood was detained and released five times in recent months despite efforts by authorities to confine him to a mental health unit, investigators say.

"He was a time bomb just ready to explode," Detective Bill Pavelic of the police department's mental evaluation unit said Tuesday. "We're very disappointed he was not held. ... There's something drastically wrong here."

Joseph Edward Markowski, a 29-year-old drifter, was charged with attempted murder Monday by District Attorney Ira Reiner after police discovered he was carrying a receipt for a blood donation. Markowski pleaded innocent.

Markowski allegedly told authorities he sold his potentially deadly blood for $8 to $10 a pint and sold sex on the streets of West Hollywood months after he had been diagnosed as having AIDS.

"I know that AIDS can kill. But I was so hard up for money I didn't give a damn," Reiner quoted Markowski as telling authorities.

Activists of the Gay & Lesbian Community Services Center criticized Reiner's actions, saying Markowski should have been treated better by society.

"It's important to see this gentleman as a victim, a homeless person wandering the streets with no housing available," said Eric E. Rofes, executive director of the center, at a Tuesday news conference.

Neither county officials nor psychiatrists who treated Markowski would discuss the case or respond to police comments Tuesday.

According to Pavelic, Los Angeles police first discovered Markowski had acquired immune deficiency syndrome last Feb. 3, after detaining him for walking against traffic on Sunset Boulevard.

On May 3, officers responding to a call found Markowski "crying, breaking down emotionally and stating that he would kill himself," the detective said.

On both occasions, Pavelic said, Markowski was sent to the Los Angeles County-USC Medical Center psychiatric ward or another county facility, but he was quickly released each time.

"We said that he had AIDS, that he was highly irrational, that he donated blood to various agencies and that he possibly had hepatitis," Pavelic said.

The sheriff's department picked up Markowski twice for similar incidents and sent him to a county hospital, with the same result, Pavelic said. Sheriff's spokesman Sgt. Merlyn Poppleton refused to confirm the referrals, saying he was prohibited by law from discussing Markowski's record.

Last week, police were called to a West Hollywood bank where Markowski allegedly grabbed a security guard's gun and screamed "Kill me! Kill me! I have AIDS."

Markowski was referred to County-USC and again was released. However, police found a blood donation receipt, prompting the investigation leading to attempted murder charges.

Rofes and others who spoke at the news conference Tuesday said the charges ignore that Markowski was sick, homeless and in need of social services.

"Why do people with AIDS have to wait so long to get any governmental assistance?" asked Rofes. "Who is going to keep these people off the streets and keep them in food and clothing?"

AIDS is caused by a virus that attacks the body's immune system, leaving victims susceptible to a variety of infections and cancers. It is spread through blood and other body fluids.

The county Board of Supervisors proposed Tuesday that the county health department and district attorney be ordered to investigate plasma banks to determine if they received blood from Markowski.

The board also proposed a review of the operations of Plasma Productions Associates, which bought Markowski's blood, and similar plasma centers.

Officials of the companies have said a screening system and heat-treating process guarantee that the AIDS virus won't enter the blood supply.

 

LANGUAGE: ENGLISH

The Washington Post

 

March 01, 1995, Wednesday, Final Edition

 

Nell Henderson, Washington Post Staff Writer

 

SECTION: A SECTION; Pg. A03

 

LENGTH: 995 words

 

DATELINE: LOS ANGELES, Feb. 28

 

 

Prosecutors in the O.J. Simpson murder trial charged today that a key defense witness was carefully coached and manipulated into supporting Simpson's alibi for the night his ex-wife and her male friend were murdered.

They made the charge after listening to a tape of an interview with Rosa Maria Lopez, a Salvadoran maid who lived and worked next door to Simpson's estate. The existence of the tape was disclosed by a defense investigator, Bill Pavelic, late Monday, and set off a new round of protests by prosecutors over defense tactics in the trial.

"I find this unbelievable," said lead prosecutor Marcia Clark after listening to the tape, which was not made public. "She was handed a script and Mr. Pavelic got on the tape and spoke almost nonstop . . . getting her to affirm 'Yes, yes, yes, yes.' "

Testifying on Monday, Lopez had offered a potentially crucial corroboration for Simpson, describing how she saw his white Ford Bronco parked in front of his house about the time the murders were committed.

But today Clark told the court there were "many glaring inconsistencies" between the four versions of Lopez's account of her actions the night of the slayings before the court -- her testimony Monday, a written account of an interview with her in August, the newly disclosed interview and the tape of it.

Clark asked Judge Lance A. Ito to either halt Lopez's testimony completely, or give prosecutors until Friday to examine the different accounts to prepare for cross-examination, but he rejected both requests.

"We think she's entirely consistent," said Simpson's lead defense attorney Johnnie L. Cochran Jr.

Cochran has brought regular proceedings to a halt by attempting to introduce Lopez's testimony at this early stage in the trial because Lopez has said she wants to leave the country and return to El Salvador. The jury has not been present for her testimony, which is being videotaped to be shown to them later.

"I am very tired. I want to rest sir. I don't want any more questions," Lopez said today before agreeing to Ito's request that she return Thursday.

Lopez, appearing tired and distraught, complained to Ito "this is not my fault, to work close to Mr. Simpson. It's not my fault to have heard what I heard."

Ito apologized and said it was the fault of the defense, for turning the tape over at the last minute, and he ordered the defense to pay for her hotel accommodations.

Simpson has said he was home napping about 10:15 p.m. June 12, the time prosecutors contend he killed his ex-wife Nicole Brown Simpson and her friend Ronald L. Goldman. Prosecutors claim to have found the blood of the victims inside the Bronco, and believe Simpson drove the car to and from the murder scene, about two miles from his home.

Lopez, however, testified that she walked her employers' dog twice that evening, shortly after 8 p.m. and after 10 p.m., and both times saw the car parked in the same spot outside Simpson's house.

Initially, defense lawyers said they only had one statement from Lopez, given Aug. 19. But after repeated questioning by prosecutors, they first admitted that there was an earlier statement and then Pavelic acknowledged that there was a tape of the statement. Under California law, the defense is required to give prosecutors notes, tapes and statements from defense witnesses, to prepare for cross-examination.

Defense attorneys said Monday that the difference between the two statements is that the second dropped all mention of an acquaintence of Lopez's identified only as Sylvia. The attorneys said they had edited out Sylvia to protect her, because she is an illegal immigrant and Lopez feared involving her in the case.

Clark said then that defense attorneys hid Sylvia because she would not corroborate Lopez's statement, and would expose her as a liar. As the court prepared to recess Monday, prosecutors produced a woman identified as Sylvia Guerra, whom they plan to call to testify.

Lopez's two statements were not released to the news media, but portions were read by Cochran during a private meeting with Ito, according to a transcript of the meeting.

In the July 29 statement, Lopez said that sometime after 8:30 p.m., "her friend Sylvia came by and they had a cup of coffee" and Lopez drove Sylvia to her house nearby. She says that "when Sylvia observed Simpson's Bronco, she made a comment about the way it was parked. Miss Lopez stated that O.J. always parks his car that way."

According to prosecutors, Sylvia has said she does not know Lopez well and knows nothing about what occurred the night of the murders. Prosecutors initially interviewed Sylvia after picking up a tip that she had heard Lopez say she would sell her story to a tabloid for thousands of dollars. Sylvia denied the rumor.

Another difference between the two statements is in Lopez's recollection of the time "she heard a prowler walking near the residence." In the July statement, she places the prowler at 9:20 to 9:30 p.m.; in the August statement, that occurs between 8 and 8:30 p.m.

Cochran noted that the statements were written by the investigator, not by Lopez, and were not signed by her. The investigator also does not speak Spanish, Lopez's native language, and conducted the interviews in English, Cochran added.

Defense attorneys maintained that because they did not intend to call Sylvia as a witness, they were not obligated to turn over the statement that mentioned her. Ito disagreed, noting that Sylvia could corroborate or undermine Lopez's testimony, and ordered all the Lopez material be turned over to prosecutors.

"You realize what this is likely to do," Ito told defense lawyers in chambers, according to the transcript. "It's going to send the prosecution ballistic. . . ."

Ito said he plans to use Wednesday to meet with lawyers on a number of administrative issues, including the question of dismissing one juror, a 46-year old black, male courier.

 

LOAD-DATE: March 01, 1995

 

LANGUAGE: ENGLISH

 

GRAPHIC: Photo, reuter, Rosa Lopez, who testified that she saw O.J. Simpson's Ford Bronco at his estate about the time slayings were committed, is to testify again Thursday.

CBS News Transcripts

 

March 02, 1995, Thursday

 

SHOW: EYE TO EYE WITH CONNIE CHUNG (9:00 PM ET) 

 

ANCHORS: CONNIE CHUNG

 

LENGTH: 977 words

 

CONNIE CHUNG, host:

In the O.J.  Simpson trial this week, an alibi witness took the stand and took some heat--a lot of it.  By this afternoon, her story, her credibility and a key part of the Simpson defense were all beginning to crumble.  It began Monday in videotaped testimony that the jury may not see for months.  Defense lawyer Johnnie Cochran posed a question to which he, and a lot of other people, already knew the answer.

O.J.  SIMPSON: ON TRIAL

(Footage from courtroom; questioning and answers for Rosa Lopez are translated throughout)

Mr.  JOHNNIE COCHRAN (Defense Attorney): And while you were out there, out on Rockingham, did you ever have occasion to see any cars parked?

Ms.  ROSA LOPEZ (Witness): There was a white car, a Bronco.

CHUNG: (Voiceover) With those words, Rosa Lopez, a housekeeper working next door to O.J.  Simpson's house, laid the groundwork for the defense's best hope to provide Simpson with an alibi.

Ms.  LOPEZ: Over here, right here.

(Footage of Bronco being towed; Simpson home; photo of Nicole Brown Simpson)

CHUNG: (Voiceover) Lopez testified that O.J.  Simpson's white Bronco was parked outside his home at the time the prosecution said the murders took place.

Mr.  CHRIS DARDEN (Prosecutor): You understand that today you are under oath?

Ms.  LOPEZ: Yes.

(Footage of courtroom)

CHUNG: (Voiceover) Today, with prosecutor Christopher Darden's cross-examination, began another sort of trial, a trial of Rosa Lopez's memory and ultimately her credibility.

Mr.  DARDEN: Well, what month was this?

Ms.  LOPEZ: I don't remember, sir.

Mr.  DARDEN: Do you have a hard time remembering dates?

Ms.  LOPEZ: No, sir.

CHUNG: (Voiceover) Darden fought to rip Lopez's story apart, suggesting that she was coached by Simpson team investigator Bill Pavelic.

Mr.  DARDEN: You would give times and he would give other times, correct?

Ms.  LOPEZ: If you say so, sir.

Mr.  DARDEN: But I'm asking you, ma'am.  Is that correct?

Ms.  LOPEZ: It is correct.

Mr.  DARDEN: Did Mr.  Pavelic tell you or mention to you first that you saw the Bronco at 10:15 or 10:20?

Ms.  LOPEZ: All I said was that it was after 10.

Mr.  DARDEN: And so you don't know how long after 10?

Ms.  LOPEZ: No, sir.

CHUNG: (Voiceover) Rosa Lopez's ability to account for time became the issue of the day.  CBS News consultant trial lawyer Gerald Lefcourt.

Mr.  GERALD LEFCOURT (Attorney): What's crucial and her whole purpose...

(Footage of Lopez)

Mr.  LEFCOURT: (Voiceover) ...is to put that Bronco there between 10 and 11:00.

And if she says that she saw it there and it was just sometime after 10 and she doesn't remember, well, then it could be quite a bit after 10 and something closer to 11, in which case her whole value as a witness really goes down the drain.

(Footage of Michael Knox)

Mr.  MICHAEL KNOX (Former Juror): I'm not supposed to say anything.  I've been...

Unidentified Reporter: What was it like being on...

Mr.  KNOX: ...ordered not to say anything.

CHUNG: (Voiceover) But the real shock this week may have come yesterday, words from Michael Knox, who was dismissed from the jury.  He gave reporters insight into what the jury may really be thinking.

Mr.  KNOX: ...because I think that the prosecution has laid a pretty strong case so far.

CHUNG: (Voiceover) The African-American male was replaced by a middle-aged white woman.

(Footage from courtroom)

Unidentified Woman: Juror number 353, please have a seat in seat number 12.

CHUNG: (Voiceover) Once again, the issue of race moved center stage in Judge Ito's courtroom.

Mr.  LEFCOURT: The truth is--is that people of color are more likely to question four white detectives when there are allegations of racism against one or more of them than would white people, and that is simply a reality in America.

Judge LANCE ITO (Los Angeles Superior Court): All right, Ms.  Lopez, could--would you take the witness stand again, please?

(Footage from courtroom)

CHUNG: (Voiceover) This afternoon, prosecutors resumed their attack.  Rosa Lopez was shown a news report in which she contradicted her story.

Ms.  LOPEZ: (From news story) I don't know what time.

Mr.  DARDEN: When you told a reporter that you heard voices, didn't you tell him that you didn't know what time it was that you heard the voice?

Mr.  LOPEZ: (Not translated) Si, senior.

CHUNG: (Voiceover) And when Darden wasn't attacking Lopez, he was taking on Johnnie Cochran, accusing him of coaching Lopez.

Mr.  COCHRAN: I would never, ever do anything like that.

CHUNG: (Voiceover) The judge and the prosecution accepted Cochran's explanation, that he was only signaling the court reporter.  But the prosecution kept it up, ultimately suggesting Lopez's story was for sale. She denied it.

Ms.  LOPEZ: No, sir.

CHUNG: There may be one more victim in the Simpson case: motherhood. Marcia Clark's estranged husband has filed for custody of the couple's two young sons.  He blames the Simpson trial for keeping Clark away from her children.  Clark, who says her children are more important than anything, recently asked for more financial support, citing increased child-care costs and the expense of having to dress for national television.

(Footage of Jerry Leiber and Mike Stoller)

Announcer: (Voiceover) When we come back...

RUSS MITCHELL: Is it true that you actually wrote "Hound Dog" in eight minutes?

(Footage of record label; Leiber and Stoller)

Announcer: (Voiceover) ...their Elvis hit sold seven million copies.  Now Leiber and Stoller take the EYE TO EYE challenge.

MITCHELL: If I gave you eight to 10 minutes right now to write a song...

Mr.  JERRY LEIBER (Songwriter): All right.  Here we go.  One, two, shuffle, two, three, four--(singing) Baby, I like the way you look from your ankle to your knee...

 

LOAD-DATE: March 02, 1995, Thursday

 

LANGUAGE: English

 

TYPE: Profile

Scripps Howard News Service

 

October 27, 2003, Monday

 

SOURCE: Modesto Bee

 

SECTION: DOMESTIC NEWS

 

LENGTH: 320 words

 

DATELINE: MODESTO, Calif.

 

For the defense:

Dr. Henry Lee

Forensic authority who has testified in more than 1,000 legal proceedings, including for the defense in the O.J. Simpson double-murder case. Also consulted in JonBenet Ramsey murder and President Kennedy's assassination.

Dr. Cyril Wecht

Nationally recognized forensic expert and coroner of Allegheny County, Pa., which includes Pittsburgh. Examined remains of Modesto's Chandra Levy.

Bill Pavelic

Private investigator and former veteran Los Angeles police detective. Previously worked on Simpson's defense team.

Gary Ermoian

Local private investigator retained when Modesto police began focusing on Scott Peterson. Authorities secretly monitored part of one of his calls to Peterson.

For the prosecution:

Steve Jacobson

Investigator with the Stanislaus County district attorney's office and former police officer. Supervised wiretaps on Peterson's phones.

Jon Buehler

Modesto police detective. Amber Frey, Peterson's girlfriend, reported to Buehler after telephone conversations with Peterson, which continued at least a month after Frey went public with their romance.

Craig Grogan

Modesto police detective and lead investigator in the Peterson case. Previously named in a federal lawsuit filed by the family of 11-year-old Alberto Sepulveda, who was killed by another officer during a 2000 raid.

Al Brocchini

Modesto police detective. Helped escort Peterson from San Diego to Modesto after his arrest in April. Defense lawyers say Brocchini mishandled a hair found in Peterson's boat.

James Brazelton

Stanislaus County district attorney since 1996 and a local prosecutor since 1985. Previously worked as a policeman and in private practice.

John Goold

Chief deputy district attorney since 1999 and former Bay Area policeman. Often serves as a spokesman for the Peterson prosecutors.

(Distributed by Scripps-McClatchy Western Service, http://www.shns.com.)

 

LOAD-DATE: October 29, 2003

 

LANGUAGE: ENGLISH

 

Daily News (New York)

 

March 3, 1995, Friday

 

SECTION: News Pg.  3

 

LENGTH: 569 words

 

 

O.J. Simpson's alibi witness admitted yesterday that the football great's investigator coaxed her to push up the time she allegedly saw his white Ford Bronco. Rosa Lopez, who worked next-door to Simpson's mansion, testified that she saw the vehicle parked by his estate just after 10 p.m. the night the superstar's former wife and her pal were slain.

Under a fierce cross-examination, the Salvadoran maid indicated that Simpson gumshoe Zvonko Bill Pavelic asked her during an interview to jack up the time to 10:15 to 10:20 p.m. the time prosecutors believe the murders occurred.

"All I said was that it was after 10," a nervous Lopez said through a translator.

"So you don't know how long after 10?" prosecutor Christopher Darden asked.

"No, sir."

Asked by Darden whether Pavelic "suggested" that she saw the vehicle between 10:15 and 10:20, Lopez replied: "If that's what he's saying, that's fine."

Darden then asked: "Did you give him times and sometimes he said other times?"

Lopez replied, "If you say so, sir. It is correct."

Her initial version could have given Simpson time to make the 2-mile, six-minute drive to where Nicole Brown Simpson, and her friend Ronald Goldman were slain on June 12.

In opening statements, the defense told jurors Lopez had seen the vehicle at 10:15 that fateful night.

The grueling cross-examination which took place without the jury turned bitter as Darden accused defense attorney Johnnie Cochran of using hand signals to coach the Salvadoran maid on the stand.

Clad in a snazzy outfit bought for her by the defense, Lopez was caught in contradiction after contradiction, and replied, "I don't remember, sir," to dozens of seemingly simple questions.

At one point, she said she could not recall the date, time of day or even the season of her first meeting with Pavelic last summer.

But in her testimony on Monday, Lopez painstakingly described how when the clock struck 10, she leashed her employer's dog and put on water for tea before going outside and seeing O.J.'s Bronco.

Under cross-examination, she conceded that she stuck tea water in the microwave for 90 seconds and didn't drink it before leaving. That would place her outside closer to 10 p.m.

The 57-year-old immigrant whose threats to flee the United States spurred Judge Lance Ito to order her testimony taped for future use also admitted that she had filed for unemployment on Feb. 15 and had considered staying in this country.

"If I was given unemployment, sir, there was no reason for me to leave the country," said Lopez, who said she used her son's address on the form.

Darden, though, spent most of the day chipping at inconsistencies in the July 29 interview that Pavelic conducted with Lopez, in a written report based on that session and in a report based on an Aug. 18 meeting.

Under fierce questioning, Lopez revealed that O.J.'s assistant Cathy Randa contacted her, told her to meet her on a side street and then drove her to the football star's office to meet Pavelic.

She also denied spending seven hours Saturday in Cochran's office, only to admit doing so minutes later.

But she denied that they discussed the case.

"He just tells me to tell the truth, sir," she told Darden.

After saying she couldn't remember what she did on Sunday, she recalled going on a defense-sponsored shopping spree, buying two dresses and two pairs of shoes.

 

LANGUAGE: ENGLISH

Hamilton Spectator (Ontario, Canada)

 

July 28, 1994 Thursday Final Edition

 

SOURCE: FROM SPECTATOR WIRE SERVICES

 

SECTION: NEWS; Pg. A10

 

LENGTH: 494 words

 

DATELINE: LOS ANGELES

 

OS ANGELES -- Encouraged by the promise of a huge reward or the chance to contribute to a historic investigation, 250,000 callers have flooded a newly created hotline with tips about the O.J. Simpson murder case, while similarly besieged police have designated a full-time "clue chaser" to run down the leads coming to them.

"It's beyond belief," Mr. Simpson's lead attorney, Robert Shapiro, said of the hotline deluge. He said calls have become "so overwhelming" that the operators have had to install a special back-up recording system to keep up with the crush.

Tipsters have included private investigators with clues based largely on news reports, amateur detectives with theories implicating other would-be suspects and people claiming to have witnessed the events surrounding the grisly murders of Nicole Brown Simpson, 35, and Ronald Lyle Goldman, 25, on June 12 outside her apartment in the Brentwood section of Los Angeles.

Although some of the tips are seemingly credible, many appear to be the products of overactive imaginations. One Maryland woman has called repeatedly to tell of dreams in which she sees another killer. To her frustration, Mr. Simpson's camp has not gotten back to her.

"We're hearing from every psycho and every crazy person," said Bill Pavelic, an investigative consultant working with the Simpson team.

"But if I get one call in a hundred that's a good lead, it's worth it."

Thin promise

Rising to that thin promise, investigators on both sides of the nationally publicized probe are painstakingly chasing down each of their leads, reluctant to pass up any information that could later prove important.

The pace of tips has convinced some Los Angeles Police Department officials that Mr. Simpson's camp may be fuelling the fires in part to occupy detectives who might otherwise be building a case against Mr. Simpson, 47.

Any tip that is not checked out could be used against the prosecution at trial. Mr. Simpson's camp already has made clear its intention to attack the thoroughness and competence of the investigation into their high-profile client.

"There's people that are giving us theories, there's psychics, that kind of thing," said Detective Dennis Payne of the police department's Robbery-Homicide Division.

With the stakes so high for both sides, police detectives and Simpson investigators are simultaneously pounding the pavement, occasionally running into one another at the crime scene and other locations.

According to sources in both camps, the most recent wave of tips has featured several from eager private investigators trying to ferret out new clues in the case.

While most of the tips -- founded and unfounded alike -- are about the principal players in the celebrated whodunnit, many come from people with a dizzying array of thoughts on other issues.

One Santa Barbara woman, for instance, hypothesized that a large dog might have carried a bloody glove to Mr. Simpson's home.

 

LOAD-DATE: October 13, 2002

 

LANGUAGE: ENGLISH

 

TYPE: News

Los Angeles Times 

February 28, 1995, Tuesday, Home Edition 

 

BYLINE: By ANDREA FORD and JIM NEWTON, TIMES STAFF WRITERS

 

SECTION: Part A; Page 1; Column 2; Metro Desk

 

LENGTH: 2192 words

 

A Salvadoran housekeeper who has emerged as a central witness on behalf of murder defendant O.J. Simpson testified Monday that she saw Simpson's car in front of his house about the time prosecutors believe he was two miles away killing his ex-wife and her friend.

Rosa Lopez said she took her employer's dog for a walk shortly after 10 p.m. on June 12, the night that Nicole Brown Simpson and Ronald Lyle Goldman were knifed to death in Brentwood. Simpson has pleaded not guilty to the crimes, which prosecutors believe were committed about 10:15 p.m.

Testifying without the jury present but with a videotape recorder capturing the event, Lopez described what she said she saw outside Simpson's Rockingham Avenue home on that cool June evening. Lopez said she glanced at a clock in her room and saw that it was 10 p.m. before she put on some water for tea, grabbed the dog's leash and headed outside. Johnnie L. Cochran Jr., Simpson's lead trial attorney, asked what she saw outside.

"Were you able to see any cars parked out there?" he asked.

"Yes," Lopez responded.

"What cars were you able to see, if any?" Cochran continued.

"The Bronco," Lopez answered.

Lopez's testimony is potentially of huge significance to Simpson, because it bolsters his alibi on the night of the killings. Simpson's lawyers have said their client was home chipping golf balls in his front yard and possibly napping during the period that prosecutors allege the crimes were committed.

With so much possibly at stake in the Lopez testimony, the two sides have fought furiously over her appearance. They debated how and when she would take the stand, and before she was allowed to testify Monday, another disagreement erupted over whether prosecutors had been provided with statements of hers in the possession of the defense team.

At first, defense lawyers said they had only one statement, given in August. Then, after being pressed by prosecutors, they admitted there was an earlier statement, taken July 29 but never shared with government lawyers. Then, at the end of the court day, defense investigator Bill Pavelic said he had tape-recorded the July 29 session, despite assurances earlier in the day by defense attorneys that Lopez had never given a taped statement. No tape ever has been provided to the prosecution.

Those revelations stoked an already intense debate over evidence-sharing. Even before learning that there might be a tape of Lopez describing her observations, Deputy Dist. Atty. Marcia Clark asked that defense lawyers be severely sanctioned for what she said was an "effort to sandbag the prosecution, to blindside us."

The revelation of a tape recording or notes of the July 29 session only redoubled the prosecution's complaints.

Smiling in disbelief and staring intently at the judge, Clark stood off to one side as Pavelic acknowledged that he might have notes and a tape recording of his July 29 interview with Lopez. Clark did not get a chance to respond to that admission, but Superior Court Judge Lance A. Ito promised her that there would be a chance to discuss that issue first thing today.

At a news conference after the court day ended, Clark said Pavelic's comments about the existence of the tape would strengthen the prosecution's request that the defense be punished for its behavior, an argument that the government lawyers plan to make in court today.

"That's going to make the request (for sanctions) even more strident," Clark said. "I think the judge will be even more upset."

Ito, who had been promised that all materials already had been shared with the prosecution, gruffly responded to the latest revelation.

"Tomorrow morning, I'm going to order you